Justice
O.O.Abike-Fadipe of the Special Offences Court sitting in Ikeja, Lagos, on
Wednesday, October 23, 2024, adjourned till December 19, 2024 the alleged N35m
fraud trial involving a businessman, Ericbona Elio Ushie.
The Economic and Financial Crimes Commission, EFCC, had, on February 12, 2024,
arraigned Ushie on a 13- count charge bordering on stealing, obtaining under
false pretense, use of false documents, forgery, and possession of fraudulent
documents to the tune of N35,397,000 (Thirty-five Million Three Hundred and
Ninety-seven Thousand Naira)
One of the counts reads: "Ericbona Eliom Ushie, sometime in 2023, in
Lagos, within the jurisdiction of this Honourable Court, dishonestly converted
the total sum of N35,397,000.00, property of Calibration and
Non-destructive Services Limited for your own use."
Another count reads: "Ericbona Eliom Ushie, sometime in 2023 in Lagos,
within the jurisdiction of this Honourable Court, with intent to defraud the
aggregate sum of N35,397,000.00, property of Calibration and Non-destructive
Services Limited under the pretense that the said sum was for the purpose of
securing award of contract from the Niger Delta Development Commission, NDDC.”
He pleaded "not guilty" to the charges when they were read to him
Following his plea, prosecution counsel, Bilikisu Buhari, had told the
court that the prosecution would be presenting 13 witnesses to prove its
case.
However, the defence counsel, C.C.Orji, informed the court of a bail
application on behalf of the defendant.
During the sitting on February 26, 2024, Buhari brought to the attention
of the court a viral video on social media, in which the defendant was posing
from the comfort of his house at Lekki, Lagos State, grandstanding that he was
never arrested, detained or sent to prison by any court.
In the video, which was shown in open court, the defendant, who was supposed to
be in prison custody, was seated with a plate of jollof rice, a bottle of
water, and a pack of juice at the cozy dining table of his house.
"I wasn't arrested", Ushie was seen in the video bragging.
Boasting further, he had retorted that "It baffles me, the energy
(some people) use to try to destroy...It is disheartening... I am sitting in
the comfort of my house... Today is 18th February (2024) Sunday, the day before
yesterday was 16th... I don't know, one element of no commercial value, posted
something on Facebook; anybody can sponsor any post... and then, they go ahead
to say that me, Ericbona Eliom Ushie, Honourable, (that) I am in prison...
e be like sey Nigeria Prisons dem don dey get prison wey dey (fine) like this
[my beautiful house)”
Upon seeing the video, Justice Abike-Fadipe set aside the bail earlier granted
to Ushie, and granted him other bail conditions,which he could not meet.
The judge thereafter adjourned till June 20, 2024 for the defendant to
refute the video evidence by the EFCC, in which he was seen grandstanding in
the comfort of his house, instead of being in custody of the Nigerian
Correctional Service.
At Wednesday’s proceedings, Victor Okpara, SAN, who appeared for the
defendant informed the court that he had an application for variation of the
bail conditions earlier granted to his client.
He also told the court that the defendant came to court from prison custody.
Okpara, therefore, passionately argued his application, praying the court for a
variation of the conditions attached to the bail earlier granted the
defendant. He further prayed the court to grant the variations
as stated in his application.
Buhari acknowledged receipt of the said application, but left the decision to
the discretion of the court.
"I leave the decision to my lord' s exercise of discretion," she
said.
Justice Fadipe, therefore, granted the application brought by the defence
and adjourned the matter till December 19, 2024 for trial.
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